Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 6 – point a: (a) the delivery concerns products of a value equal to or below a threshold to be determined by the Member State, which shall not exceed EUR 4 000;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 6 – point a a (new): (aa) the first purchaser of milk or milk products is a micro or small-sized enterprise within the meaning of Recommendation 2003/361/EC;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 6 – point a b (new): (ab) the delivery and the payment for the milk or milk products take place simultaneously or at the latest within 5 working days;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 7: 7. Where pursuant to paragraph 5, point (d), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, a producer organisation, or an association of producer organisations may require that a delivery of milk or milk products be the subject of a written contract or of a written offer for a contract. Such a contract or offer for a contract shall fulfil the conditions laid down in paragraph 4 and paragraph 8, first subparagraph.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 8 – subparagraph 1: All elements of contracts for the delivery of milk or milk products concluded between farmers, producer organisations or associations of producer organisations and collectors, processors, distributors or retailers, including the elements and their components referred to in paragraph 4, point (c), shall be freely negotiated between the parties, without prejudice of the additional requirements introduced by Member States.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 10: 10. Member States that make use of the options referred to in this Article shall notify the Commission of how they are applied.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2 a (new), Article 149 – paragraph 2 – point c – points i and ii: (2a) In Article 149(2), point (c) is amended as follows: / (a) point (i) is replaced by the following: / (i) the volume of raw milk covered by such negotiations does not exceed 10 % of total Union production, / (b) point (ii) is deleted.’

Added(02013R1308)

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 3 – point a – point i, Article 152 – paragraph 1 – point a: (a) are constituted by producers in one or several sectors listed in Article 1(2), and are controlled by farmer members, or, in the case of the fruit and vegetables sector, producers in accordance with Article 153(2), point (c);

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 3 – point a – point ii, Article 152 – paragraph 1 – point b – introductory part: (b) are formed on the initiative of farmers, or, in the case of the fruit and vegetables sector, producers, and carry out at least one of the following activities:

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 3 – point b, Article 152 – paragraph 1a – subparagraphs 1 and 1 a (new): 1a. By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article, or a producer organisation, including a cooperative, or any other equivalent legal form registered in accordance with national law, that has not been recognised as a producer organisation by a Member State, but meets the requirements set out in paragraph 1 of this Article and of Article 154, may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production. / A producer organisation, including a cooperative, or any other equivalent legal form registered according to national law that has applied for recognition but has not been recognised as a producer organisation by a Member State may avail itself of this derogation within five years of the date of submission of the application for recognition.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 3 – point b a (new), Article 152 – paragraph 1a – subparagraph 3: (ba) in paragraph 1a, the third subparagraph is replaced by the following: / ‘However, Member States may derogate from the condition set out in point (d) of the second subparagraph in duly justified cases where producer members hold two distinct production units located in different geographical areas and in the cases provided for in Article 153(1), point (b).’

Added(02013R1308-20241108)

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 3 – point c, Article 152 – paragraph 1b – subparagraph 2 – introductory part: By way of derogation from paragraph 1a and the first subparagraph, an association of producer organisations recognised under Article 156(1) may also carry out the activities referred to in paragraph 1a, first subparagraph, with the exception of the fruit and vegetables sector unless expressly requested by an association of producer organisations, provided that:

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 3 – point c, Article 152 – paragraph 1b – subparagraph 2 – point d: (d) the volume of products covered by the activities referred to in the first subparagraph of paragraph 1a does not exceed 33% of the total national production of any given Member State or 5 % of the production of the Union as a whole.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 4 – point -a (new), Article 153 – paragraph 1 – point b: (-a) in paragraph 1, point (b) is replaced by the following: / ‘(b) be members of only one producer organisation for any given product of the holding; however, Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographic areas or where producer members entrust different producer organisations with the marketing of their products, other than the products listed in Parts IX and X of Annex I, intended for different uses, and where these organisations do not therefore compete with each other;’

Added(02013R1308-20241108)

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 4 – point -a a (new), Article 153 – paragraph 1 – point c a (new): (-aa) in paragraph 1, the following point is added: / ‘(ca) refrain from any direct contact with purchasers where those individual steps are likely to compromise the collective objectives pursued by the producer organisation, in particular as regards planning, negotiation or placing on the market. Any practice by a purchaser that aims to, or has the effect of, circumventing a producer organisation by directly approaching one or more of its members, where the purchaser is already engaged in negotiations or in a contract with that producer organisation, shall be prohibited and shall be regarded as an unfair commercial practice.’;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 4 – point b, Article 153 – paragraph 2a: 2a. The statutes of a producer organisation shall ensure that the objective of concentration of supply is achieved, in particular by ensuring that the producer organisation negotiates and determines the essential elements of sales such as price, quality and volume. The statutes may provide for the possibility of members, being in direct contact with purchasers, provided that such direct contact does not jeopardise the objectives pursued by the producer organisation, or the concentration of supply and placing of products on the market by the producer organisation. Concentration of supply and placing of products on the market shall be deemed to have been ensured if the essential elements of the sales such as price, quality and volume are negotiated and determined by the producer organisation. / The statutes of a producer organisation that allows direct contact between members and purchasers may include internal control and prevention mechanisms to ensure that such contact does not adversely affect the concentration of supply or the commercial strategy of the organisation.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 4 – point c, Article 153 – paragraph 3: deleted / (deleted)

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 2 – subparagraph 1 – point a: (a) the delivery of agricultural products by producers that are not covered by paragraph 1 shall be covered by a written contract,

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 2 – subparagraph 1 – point b: (b) producer organisations, associations of producer organisations or farmers shall make a written offer for a contract for the delivery of agricultural products to the first purchasers.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 3 – subparagraph 1: Member States shall establish a mediation mechanism to cover cases in which there is no mutual agreement on the formalisation, interpretation or fulfilment of a contract referred to in paragraphs 1 and 2 or on such a contract. That mechanism shall be voluntary for the contracting parties and impartial. That mechanism may involve representatives of farmers' representative organisations.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 3 – subparagraph 2: Member States shall inform the Commission about the mediation legal framework or mechanisms available in their territory.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 4 – point b: (b) be made in writing, whether on paper or in digital form, and

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 4 – point c – point i – introductory part: (i) the price payable for the delivery with explicit indication of all payments, including applicable discounts, which shall:

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 4 – point c – point i – indent 2: – be calculated by combining various objective, verifiable, non-manipulable factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions, inflation, full production costs, including the remuneration of farmers, the total costs for additional services, the quantities delivered and the quality or composition of the agricultural products delivered; to that effect, Member States or regional authorities may determine indicators, that shall be published online for use in contract, in accordance with objective criteria based on studies carried out on production and the food supply chain, data provided by the interbranch organisations recognised in accordance with Article 157(1), or data from the EU Agri-Food Chain Observatory. The parties to the contracts shall be free to refer to these indicators or any other indicators which they deem relevant.

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 4 – point c – point iii: (iii) the duration of the contract, which may include either a definite duration or an indefinite duration with a termination clause. In the case of contracts with a minimum duration longer than six months and 12 months for sectors that trade in future markets, the contract shall also include a revision clause that may be triggered, in particular, by the farmer, a producer organisation or an association of producer organisations, on the basis of unforeseen circumstances, such as extreme weather events, animal disease outbreaks, geopolitical tensions, or any other reason that prevents the agreed price from covering the farmers’ costs;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 4 – point c – point iv: (iv) details regarding payment periods, procedures and the point in time in which the ownership and risk transfer,

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 5 – point a: (a) The agricultural products concerned are delivered by a member of a producer organisation or cooperative to the producer organisation or cooperative of which they are a member provided that the statutes of that producer organisation or cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar objectives as the provisions set out in points (a), (b) and (c) of paragraph 4;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 5 – point b: deleted

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 5 – point c: deleted